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Questions Answered by Derek John Soltis
2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis
answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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4 Answers | Asked in Bankruptcy for New York on
Q: Is a judgment from a secured 2nd mortgage still considered secured credit, or will it be paid if I receive inheritance

Chapter 7 inheritance

Derek John Soltis
Derek John Soltis
answered on May 26, 2020

Talk to an attorney it is free in most cases. Get your questions answered so that you know for sure what your next step should be.

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3 Answers | Asked in Bankruptcy for New York on
Q: Give example of: Homestead exemption, Catch-all Exemption, Equity, Conversion, Dismissal, Bankruptcy petition preparer.
Derek John Soltis
Derek John Soltis
answered on May 19, 2020

Ny homestead exemption varies by county. A catch-all would be a wildcard that exempts any type of property. The federal exemptions tend to be better than NY State exemption for wild card.

Equity is the difference between what is owed and the value of the item secured by a loan like a house...
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1 Answer | Asked in Probate for New Jersey on
Q: Hello. My sister and I are co-executors of my mother's will who passed on 5-11-20 at the age of 93 from dementia.

Decided to delete the details

Derek John Soltis
Derek John Soltis
answered on May 17, 2020

I am sorry to hear about your situation. Yur first step should be to speak to an attorney about all of your rights and options. You really do not want to have your personal information discussed in a public forum.

Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis
answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Probate for New Jersey on
Q: G/M MY SISTER WAS UNDER GUARDIANSHIP OF THE STATE, SHE PASS In OCT. THE ySOLE HER HOUSE I AM TRYING TO GET THE FUNDS,

i hired a lawyer six months ago but they are not getting any answers from their lawyers. Should I hire another lawyer ?

Derek John Soltis
Derek John Soltis
answered on May 6, 2020

I am sorry to hear about your situation. It would not hurt to talk to another lawyer about your situation. With COvid-19 many things related to the government have been put on Hold, so even hiring another attorney may not help at this time, but going over your situation with another attorney may... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: I’m here with 0-1 visa ! I applied for an unemployment weekly benefits!! And I got my first payment!

Getting the payment and apply for an unemployment can affect me getting a new working visa in the future??

Thank you

Derek John Soltis
Derek John Soltis
answered on Apr 30, 2020

There are no simple answers. Corona Virus has changed the world. No one can give you an answer about something that has never happened before. You have an extraordinary ability...according to your visa. Use It.

I am not trying to upset you, but this is an opportunity for you to shine....
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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Do i need to disclose my Snap Benefits when I am filing for Bankruptcy.

I’m getting help through legal aid but the assistant that is helping me Asks me repeatedly for my snap amount and if I’m receiving any type of gov’t assistance and today I received a monthly expenses sheet to fill out and it seems she added a question herself which states amount I spend on... View More

Derek John Soltis
Derek John Soltis
answered on Apr 30, 2020

Yes. Disclose everything. Any source of income or aid needs to be disclosed to the trustee. If you qualify for SNAP odds are you well under the threshold for the means test to qualify for a chapter 7.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up for renewal. My landlord has added a termination fee to the new lease of one month's rent to move out.

Is this legal?

I have already paid the deposit of 1.5 months rent when I moved in.

It's a 2 year lease.

Derek John Soltis
Derek John Soltis
answered on Apr 29, 2020

That is not a thing. Use your damage deposit to pay your rent as per the last round of executive orders.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

Derek John Soltis
Derek John Soltis
answered on Apr 28, 2020

You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My Mother was told by her landlord that she needs to pay $150 in fines what should she do?

They are saying that she has someone else living with her, that's why they are fining her, but no-one else lives with her.

Derek John Soltis
Derek John Soltis
answered on Apr 28, 2020

She should write to the landlord and explain her position. She should not have to pay fines that are wrong.

1 Answer | Asked in Probate for New Jersey on
Q: My mom died on 4/16. Assets were $50 in her check acct which I jointly owned. Does her will need to be probated in NJ?

Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... View More

Derek John Soltis
Derek John Soltis
answered on Apr 28, 2020

I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis
answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
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2 Answers | Asked in Employment Law, Family Law and Employment Discrimination for New York on
Q: NY - Paid Family Leave (PFL) retaliation/discrimination to bond with my child.

I live & work in NY state. I applied for Paid Family Leave (PFL) to bond with my 4 months old. I notified to my employer on 04/20/2020 via email mentioning my leave start date (04/27) - end date (07/06) for 10 weeks. My employer did not responded to my PFL request for over one week but suddenly... View More

Derek John Soltis
Derek John Soltis
answered on Apr 25, 2020

What you posted is really screwed up, but in the light of the Corona virus people are being fired left and right just because there is no work. I wish I could give you a road map to follow. But, no attorney can tell you what to do without a consultation. If you want specific advice talk to an... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... View More

Derek John Soltis
Derek John Soltis
answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My previous lease had a 60-day moveout provision. Am I obligated to sign a new 1-year lease without this provision?

My existing lease had a provision where I could move out with 60 days notice. The lease expired 6 months ago with no comment and I have continued living in the house and paying my rent on time. Now my landlord is asking me to sign a new 1-year lease with no provision for moving out with 60 days... View More

Derek John Soltis
Derek John Soltis
answered on Apr 22, 2020

You can continue to live in the apartment month-to-month, however, the landlord may eventually move for eviction for your failure to sign a new lease. Or you can negotiate with your landlord for that provision.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for New Jersey on
Q: How can I legally get my ex to move out of my apartment if he's been here for 5 months?

He is refusing to leave and it's getting pretty violent and it's not a peaceful household. He's been living here since November 1st, paying half of the rent. He did not pay for the month of May yet.

Derek John Soltis
Derek John Soltis
answered on Apr 22, 2020

I have to agree with Mr. Abate. If violence is involved, you can go to the police to get a Temporary Restraining Order.

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1 Answer | Asked in Probate for New Jersey on
Q: Our mother left her will to her grandchildren. They want to disclaim their inheritance

Our mother left her will to her grandchildren. They want to disclaim their inheritance. Can they disclaim it to their parents ? If yes can they put a money value of what they will accept and disclaim the rest ? Will it automatically pass to their heirs or can they name who it will pass to? Some... View More

Derek John Soltis
Derek John Soltis
answered on Apr 17, 2020

You should have an attorney review the will. The questions you are asking can have different answers based on what is exactly in the will. The ages of the children will also need to be factored.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How many day’s does a month to month tenant have before they have to move out? I have no written lease only verbal.

And with the pandemic going on what does the law say about that?

Derek John Soltis
Derek John Soltis
answered on Apr 16, 2020

Month to month is just that. When you give notice a month in advance, you move out at the end of the time when you said you were going to move.

2 Answers | Asked in Estate Planning for New Jersey on
Q: My husband passed away suddenly at 41 so we didn’t have a will, how can I,his wife,prove I’m the executive of estate?
Derek John Soltis
Derek John Soltis
answered on Apr 14, 2020

I am sorry for your loss. When someone dies without a will it is called dying intestate, which basically is a fancy way of saying without a will. In NJ you follow the intestate procedure for your county. Here is Hudson counties website:

https://www.hudsonsurrogate.org/#faqs As a spouse...
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